S.M.C. v. C.B.

S.M.C. v. C.B.

No material change in circumstances was shown: the issue of schooling was known at the time of the Warren Order and pre-kindergarten is optional; maintaining and consolidating equal parenting as ordered is in the child's best interests; accordingly the application to enroll the child in private pre-kindergarten and to vary parenting time was dismissed. However, as a beneficiary the claimant must produce trust documents relevant to his beneficiary status and must produce any existing commercial vehicle log books or equivalent records or explain their absence.

Citation
2020 BCSC 226
Parties
Claimant: S.M.C.; Respondent: C.B.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 February 2020
Procedural Posture
Family Law Parenting and Child Support / Application to Vary Interim Parenting Order and for Document Production (hearing)
Outcome
Respondent's application to enroll child in pre-kindergarten and to vary the parenting schedule dismissed; respondent's document production requests granted in part; claimant awarded costs.
Legal Topics
Variation of Interim Order, Best Interests of the Child, Trust Disclosure by Beneficiaries, Production of Commercial Records, Guidelines Income Determination, Enrollment in Pre Kindergarten
Source Language
English
Family Law Child Custody/parenting Time Trusts Disclosure/discovery Child Support Variation of Interim Order Best Interests of the Child Trust Disclosure by Beneficiaries +3 more

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Parties

S.M.C.

Claimant

C.B.

Respondent

Procedural Posture

Family Law Parenting and Child Support / Application to Vary Interim Parenting Order and for Document Production (hearing)

Legal Issues

  1. 1 Whether enrolment in private pre-kindergarten and related variation of the Warren equal-parenting order is in the child's best interests
  2. 2 Whether a material change in circumstances under s.216(3) FLA has occurred to justify varying the interim order
  3. 3 Whether the claimant must produce commercial vehicle log books or equivalent records for Alpine Works

Ratio Decidendi

No material change in circumstances was shown: the issue of schooling was known at the time of the Warren Order and pre-kindergarten is optional; maintaining and consolidating equal parenting as ordered is in the child's best interests; accordingly the application to enroll the child in private pre-kindergarten and to vary parenting time was dismissed. However, as a beneficiary the claimant must produce trust documents relevant to his beneficiary status and must produce any existing commercial vehicle log books or equivalent records or explain their absence.

Court Disposition

Respondent's application to enroll child in pre-kindergarten and to vary the parenting schedule dismissed; respondent's document production requests granted in part; claimant awarded costs.

Orders

  • Application to enroll child in pre-kindergarten and vary parenting schedule dismissed
  • Claimant to produce any log books that exist for commercial vehicles operated by or on behalf of Alpine Works or, alternatively, all records in possession or control of the claimant and/or Alpine Works setting out each driver's hours and recorded activities for the period January 1, 2017 to present; if no such...